
James of Shelbyville, IN on Oct. 5, 2010
My grandmother and I wanted to do a little shopping. We decided on your location for that purpose. Upon pulling up to the front door to let her out, the first thing you noticed were a few clothing stands offering discounts on clothing items, and several of those clothing items on the ground blowing with the wind.
There was no attendant there to keep an eye on those items, and to pick up the contaminated items. Once those items landed on the ground, they are contaminated with dirt, oil and other substances that may be in or around the area. I'm sure the sales attendant replaced those back on the racks to be sold without considering the dirt and contaminants on the clothing items.
Then my grandmother is handicapped, and needed an electric cart. She took the only one available, and went as far as the frozen department, and the chair was out of juice. She had to walk with a wheeled cart for the remainder of her shopping in your store.
Then some man walking freely in the store was soliciting people aggressively for photos to be taken. He wouldn't take no for an answer. Customers were shopping peacefully, and this young man would walk right up to them and bug them about getting pictures taken. This is very disturbing, and a big nuisance. Customers would say no, and he'd stay on them. My grandmother said no three times before the young man finally walked away.
I went to the animal food aisle, and picked up a bag of cat food on the shelf, when three other bags fall onto my wrist because the shelf was not properly fastened and tilted in a downward position causing other cat food items to fall. So, my watchband was broken, and I suffered lacerations to my left wrist over the bags scratching the skin. When I went to the customer's service counter to request to speak with the Manager, two older ladies were at the counter with a young white heavy set lady, all cursing about hours, job assignments and customers in the store. The words ****, *** and **** were the words used often by these ladies as I went to the counter.
When I asked for the manager, one of the older ladies told me that the manager was busy, and it would take a while. She never got on the phone or on the walkie-talkie; they simply went back talking using vulgar language. The store appearance was filthy. The floors looked like it had not been cleaned in a few days. Carts filled the walkways with generic discounted items. Fruit was on the floor in the fruit areas. The salad area had water on the floor. The pop section had sodas mixed in with one another. You'd find the same type of soda in many different areas, but the type of soda you really wanted, you had to move other items to get to it. It appears that your stock workers simply loaded the shelves with items, not placing them in order or product, style, flavor or name brand.
Again, clothing items were on the floor, and no attendant was there to pick these clothes up inside the store. One worker was playing on the X-Box while customers shopping in electronics were needing assistance. Kids were opening toys and playing with them, while parents were shopping, and no sales workers were there to stop it.
Then when I got home after finally making my purchase of over $190, I came home to cook my lady friend a nice salad and spaghetti opened the package of ground hamburger and noticed a small white dead maggot within the burger. I called the Kmart customer service at the location, and got those same ladies who said the manager was busy, and took my name and number and advised me that they would have the manager call me. That phone call has never taken place. Since I live 45 minutes from the Kmart location, I simply placed the package and maggot in a plastic bag and disposed of it.
My overall experience was horrible in this ghetto store. Its filthy, unsanitary, unhealthy and violates several State and Federal Laws of the State of Indiana. The customer service attendants were unprofessional. I suffered minor injuries over your shelves not being properly equipped. I'm sure now that when I advised the customer service workers of those shelves, they've been repaired to cover the evidence.
My grandmother had to suffer walking while handicapped because the workers at this location did not charge your electric chairs. My watchband is broken, and I had to go to Wal-Mart to replace it. And my planned dinner was ruined because I found a bug in the meat, and had to spend more money on ordering a pizza.
Being in the family of law for over 25 years, it's clear that a Federal Lawsuit is in order against Kmart for my agonizing experience with Kmart, my injuries, my financial loss and the mental turmoil I suffered from the store. The Indiana Board of Health needs to be contacted on how the store operates by re-selling contaminated clothing items once they hit the outside ground, for the shelf nearly falling, breaking the skin of my wrist, and breaking my watchband. The bug in my meat was pathetic, and yes, my attorney will contact the distribution center of the meat. That's a totally different case by its self.
I believe a jury of 12 people would adjudge a judgement in my favor as the plaintiff if a lawsuit were filed about the above instances, the refund of over $190, the watch band of $30, the scratch on my wrist, the pain and suffering caused by the falling items off the shelf, an easy Court Ordered Judgment awarding me no less than $10,000, plus the reimbursement of the watchband, and a refund of the $190+ purchased at this store.
I will prepare and file the lawsuit against Sears Holdings, Inc. for the Indianapolis, Indiana 7th District Court Federal Division on October 4th, 2010. When Sears Holdings, Inc. is prepared to settle, resolving this matter to a satisfactory manner for both parties, then a release of liability will be signed by me, and this matter will be resolved. Meanwhile, I will submit a copy of this complaint to your sponsors (NASCAR), and merchandisers who have agreements to allow their products to be sold at Kmart and request that they pull those products from all Kmart locations based on the above issues and the numerous complaints found on-line about Kmart services, products, law violations and unethical practices.
I hope that Sears Holdings, Inc. will contact me soon regarding this compliant and seek a resolution quickly.